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Consolidated Rail Corp. v. Lewellen

Supreme Court of Indiana
682 N.E.2d 779 (1997)


Facts

Consolidated Rail Corp. (Conrail) (defendant) was in possession of several deeds over 100 years old, granting it the right of way over several pieces of land for railroad use. Over the years, Conrail decreased its use of the railroad tracks. It eventually discontinued all use, removing its tracks and signals. Several of the landowners whose land was affected by this right of way, including Pam Lewellen (plaintiff), brought an action to quiet title on the land, claiming that it is an abandoned easement. The trial court and court of appeals both agreed that the land on which the tracks were located was an abandoned easement. Conrail then petitioned for certiorari to the Supreme Court of Indiana.

Rule of Law

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Issue

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Holding and Reasoning (Sullivan, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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